What the Heck is a Family, Anyway? Part II

In Part I, we talked about a few of the legal (and legalistic) definitions of ‘family’ that some corporations and states have used in the past, and why they aren’t adequate to the task of defining a family. Now it’s time to talk about the stranger reasons why defining ‘family’ is even less possible than it seems.

Things Get (Less) WEIRD
Needless to say, at the absolute minimum the definitions of family from part I are all vastly W.E.I.R.D. — that is to say, centered around a society that is Western, Educated, Industrialized, Rich, and Democratic. Definitions of family in other cultures vary so enormously as to completely break the American legal system with their strangeness.

As less strange examples, consider the facts that:

In many parts of Spain, Japan, and Italy it’s not at all strange to have the oldest generation, two or more of second generation (each with their own spouse), and several members of the third generation (commingling children of the second generation) all under one roof.

In the Chinese family structure, the wife’s relatives (excluding children of the husband, naturally) are considered ‘outsiders’ to the family even after decades of marriage, but the husband’s relatives are family from day one.

In many parts of sub-Saharan Africa, men marry as many wives as they can afford, and those wives are expected to raise children and work to support those children, while the husband’s income remains his own.

This doesn’t even begin to cover some of the rarer practices in the world, which include cultures in which a group of brothers would marry a single wife (or vice versa, but never in the same culture!), or where brothers (by blood or law) may elect to exchange wives with or without the wives’ getting any say in the matter, or in one particularly exotic (and archaic) case in the South Pacific, where a husband’s brothers and his wife’s sisters would all move in together and start a big ol’ family with lots of activity of the kind that would undoubtedly stun even a quite liberal modern American.

But who are we to say that a pile of brothers and sisters living together and having (presumably several-to-dozens of) children of unknowable lineage shouldn’t count as a family?

But Wait, There’s More!
And all that still doesn’t begin to get into the complexities that arise when you start taking adoption, legal guardianship, cohabitation, and emancipation into account. All of the legal maneuvers you can make that change the composition of a family should obviously be taken into account when you try to formulate a definition of family, shouldn’t they?

But Wait, There’s EVEN MORE!
…And even all that isn’t enough, because even with everything discussed so far, there’s still insane cases like Hermesmann v. Seyer, in which a 17 year old female committed statutory rape on a 13 year old boy she was babysitting, got pregnant, bore the child, and then sued the boy for child support…and won. We’re not going to make any claims about whether that was right or wrong, but it’s worth pointing out that by every single legal definition of family, it’s completely possible to end up legally a part of a family that you not only had no desire to be a part of, but were legally incapable of choosing to be a part of.

Choosing to Keep it Simple
All of this is a significant part of why Gucciardo Family Law limits our scope. If you have a divorce or any related legal issue, a custody battle or any related legal issue, or an adoption or any related legal issue, we’re absolutely here to help. If you’re searching Michigan for a family law attorney to help you figure out what to do when your husband’s brothers have come to move in with you and all of your sisters…sorry!

Too much information?

We focus exclusively on family law matters so we are always available to answer your questions and help.

Testimonial

I am forever thankful to you! The court has definitely taught me to be stronger. I remember you as a strong attorney who faced the judge who almost took the kids away. I can't imagine if that happened in that courtroom. You are my heroine!

D. Booker

Hey Renee
Just wanted to say Happy Birthday. But also -- as my daughter Liz turns 18 tomorrow -- I wanted to say thank you for all of your hard work on the case involving Liz. You fought for Sue and I every step of the way and we never, ever lost a battle with you at our side. While going through essentially two custody battles to get Liz living with us, you made it look easy and you won every round for us with ease.
Sue and I have recommended you to so many people that we've lost count. I think Sue will agree with me that you are honestly the best family attorney that anyone could ever hire. We'll both continue recommending you to anyone in need if an all-star.
You've been there to read my 5,000-word, long-winded emails, you've been there at every court date, you always were quick to answer every call and showed compassion to Sue and I all the time. Thank you for believing in us and giving us the confidence over the years in my daughter's case, especially when Liz's mother was making life very difficult for us.
Liz started at Macomb Community College today and she's doing well. She's working and growing up into a beautiful, mature young lady. I can't thank you enough for being responsible for getting Liz to live with us full time. Sue and I truly believe that Liz living with us saved her from living an enormously difficult life with her mother (Liz now has not seen her mom in over 3 years).
We've had a long relationship for 10 years as our friend! Stay in touch on Facebook and I wish you the greatest success in your practice and with your family.
Take care and all the best to you!

Tom and Sue Varcie

We are so very grateful that we found you and you agreed to fight for us on this year long battle. It certainly has been a stressful and frightening time as the alternatives to not winning would have been truly devastating. We couldn't have done it without your unyielding commitment, dedication, exceptional ability and hard work. We are aware and greatly appreciate how much time, lost sleep and interrupted weekends you spent in order to prepare and win for us. We are so thankful. We worried and rejoiced together and you were always supporting us.
Thank you so much and your team for all you have done for us. Hopefully we can keep in touch. And of course professionally, we will need you to help us with future issues as they arise. Again we are so grateful for having you as our champion.
You are the best!

Roger and Peggy P.

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